[CC 1996 §600.020]
It shall be unlawful for any person, firm, partnership or corporation to manufacture, distill, brew, sell or expose for sale at wholesale or retail in this City intoxicating liquor, as defined in Section 600.010 of this Chapter, in any quantity without first obtaining a license therefore as described in this Chapter.
[CC 1996 §600.030]
No person shall be granted a license hereunder unless such person
is qualified under and meets all of the conditions stated in Section
311.060, RSMo., and has obtained or been approved for a liquor license
by the State. The City Clerk shall require all applicants for licenses
to file written statements, under oath, containing the information
reasonably required to administer this Section. Statements by applicants
for licenses as wholesalers and retailers shall set out, with other
information required, full information concerning the residence of
all persons financially interested in the business to be licensed
as required by regulation. All material changes in the information
filed shall be promptly reported to the City Clerk.
[CC 1996 §600.040]
Every application for any permit or license authorized by this
Chapter and every permit or license issued under authority of this
Chapter shall be in such form as may be prescribed by the City Clerk.
[CC 1996 §600.050]
A.
All
applications for all licenses mentioned in this Chapter shall be made
to the City Clerk and shall be accompanied by a proper remittance
made payable to the City.
B.
The
Board of Aldermen shall have the power and duty to determine whether
each application for such license shall be approved or disapproved.
Upon disapproval of any application for a license, the Board of Aldermen
shall so notify the applicant in writing setting forth therein the
grounds and reasons for disapproval and shall return therewith the
applicant's remittance. Upon approval of any application for a license,
the City Clerk shall issue to the applicant the appropriate license
and contemporaneously with such issuance shall file a notice of the
issuance of such license together with the applicant's remittance
in payment of the same with the City Collector.
[CC 1996 §600.060]
A.
On
approval of the application and payment of the license tax provided
in this Chapter, the City Clerk shall grant the applicant a license
to conduct business in the City for a term to expire with the thirtieth
(30th) day of June next succeeding the date of such license. A separate
license shall be required for each place of business. Of the license
tax to be paid for any such license, the applicant shall pay as many
twelfths (12ths) as there are months (part of a month counted as a
month) remaining from the date of the license to the next succeeding
July first (1st).
B.
Every
license issued under the provisions of this Chapter shall particularly
describe the premises at which intoxicating liquor may be sold thereunder,
and such license shall not be deemed to authorize or permit the sale
of intoxicating liquor at any place other than that described therein.
C.
Applications
for renewal of licenses must be filed on or before the first (1st)
day of May of each calendar year.
[CC 1996 §600.070]
A.
No
license issued under this Chapter shall be transferable or assignable
except as herein provided. In the event of the death of the licensee,
the widow or widower or the next of kin of such deceased licensee,
who shall meet the other requirements of this Chapter, may make application
and the City Clerk may transfer such license to permit the operation
of the business of the deceased for the remainder of the period for
which a license fee has been paid by the deceased.
B.
Whenever
one (1) or more members of a partnership withdraws from the partnership,
the City Clerk, upon being requested, shall permit the remaining partner
or partners originally licensed to continue to operate for the remainder
of the period for which the license fee has been paid without obtaining
a new license.
[CC 1996 §600.080]
A.
Disorderly Place — Suspension Or Revocation of License,When
— Manner. Whenever it shall be shown or whenever the Mayor has knowledge that a dealer licensed hereunder has not at all times kept an orderly place or house or has violated any of the provisions of this Chapter, said Mayor shall suspend or revoke the license of said dealer, but the dealer must have ten (10) days' notice of the application to suspend or revoke his/her license prior to the order of revocation or suspension. The dealer must have full right to have counsel, to produce witnesses in his/her behalf in such hearing before the Board of Aldermen as set out in Section 600.100, hereof, and to be advised in writing of the grounds upon which his/her license is sought to be revoked or suspended.
B.
Additional Complaints — By Whom Made — Procedure. In addition to the penalties and proceedings for suspension or revocation
of licenses provided for in this Chapter and without limiting them,
proceedings for the suspension or revocation of any license authorizing
the sale of intoxicating liquor at retail may be brought in the meetings
of the Board of Aldermen for any of the following offenses:
1.
Selling, giving or otherwise supplying intoxicating liquor to a habitual
drunkard or to any person who is under or apparently under the influence
of intoxicating liquor.
2.
Selling, offering for sale, possessing or knowingly permitting the
consumption on the licensed premises of any kind of intoxicating liquors,
the sale, possession or consumption of which is not authorized under
his/her license.
3.
Selling, giving or otherwise supplying intoxicating liquor to any
person under the age of twenty-one (21) years.
4.
Selling, giving or otherwise supplying intoxicating liquor during
unauthorized hours on the licensed premises.
C.
License Automatically Revoked Upon Conviction — Exceptions. Conviction in any court of any violation of this Chapter shall have
the effect of automatically revoking the license of the person convicted,
and such revocation shall continue operative until said case is finally
disposed of, and if the defendant is finally acquitted, he/she may
apply for and receive a license hereunder upon paying the regular
license charge therefor in the same manner as though he/she had never
had a license hereunder.
[CC 1996 §600.090]
No licensee who shall have had his/her license suspended by
order of the Board of Aldermen shall sell or give away any intoxicating
liquor or non-intoxicating beer during the period of time such order
of suspension is in effect. Any licensee desiring to keep his/her
premises open for the sale of food or merchandise during such period
of suspension shall display the order of suspension issued by the
Board of Aldermen in a conspicuous place on the premises so that all
persons visiting the premises may readily see the same.
[CC 1996 §600.100]
A.
Testimony — Evidence. Hearings before the Board of
Aldermen to suspend or revoke licenses shall be in the nature of informal
investigations. Testimony of witnesses and other evidence pertinent
to the inquiry may be taken in such hearings, and all proceedings
in such hearings shall be taken down stenographically and shall be
transcribed whenever required by law.
B.
Witnesses — How Summoned. Subpoenas shall be issued
by the Mayor for any witness whose presence is desired at any hearing
or proceeding before the Board of Aldermen to suspend or revoke a
license, and such subpoenas may be served by any agent authorized
by law to serve any subpoena in any civil suit in the Circuit Courts
of this State. Such subpoenas shall be served in the same manner as
is provided by law for service of subpoenas in civil suits in the
Circuit Courts of this State, and the return thereon shall be made
in the same manner as is provided by law for making returns of subpoenas
in civil suits in the Circuit Courts of this State. In any such proceeding
or hearing, the Mayor may issue an order to any licensee or a subpoena
duces tecum for any licensee or any other person requiring such licensee
or such other person to produce before the Board of Aldermen any papers
in his/her possession pertaining to the subject of the inquiry, which
would be competent evidence at such hearing. Witnesses may also appear
voluntarily at such hearings and testify.
C.
Witnesses To Be Sworn. Before any witness shall testify
in any such hearing or proceeding, he/she shall be sworn by the Mayor
to tell the truth and nothing but the truth.
[CC 1996 §600.110; Ord. No. 1381 §I, 9-22-2003]
A.
Hours. No person having a license issued pursuant to this
Chapter or Chapter 312, RSMo., nor any employee of such person, shall
sell, give away, or permit the consumption of any intoxicating liquor
in any quantity between the hours of 1:30 A.M. and 6:00 A.M. on weekdays
and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday, upon
or about his/her premises.
B.
Package Liquor — Sunday Sales.
[Ord. No. 1939, 9-20-2021]
1.
Notwithstanding any other provisions of this Chapter to the contrary,
any person possessing the qualifications and meeting the requirements
of this Chapter, who is licensed to sell intoxicating liquor in the
original package at retail under this Chapter, may apply to the State
Supervisor of Alcohol and Tobacco Control for a special license to
sell intoxicating liquor in the original package at retail between
the hours of 6:00 A.M. on Sundays and 1:30 A.M. on Mondays. A licensee
under this Section shall pay to the Director of Revenue an additional
fee of two hundred dollars ($200.00) a year payable at the same time
and in the same manner as its other license fees.
2.
In addition to any fee collected pursuant to Section 311.220, RSMo.,
the City shall collect an additional fee of three hundred ($300.00)
from any licensee under this Section for the privilege of selling
intoxicating liquor at retail between the hours of 6:00 A.M. on Sundays
and 1:30 A.M. on Mondays in the City; however, the additional fee
shall not exceed the fee charged by the City for a special license
issued pursuant to any provision of this Chapter which allows a licensee
to sell intoxicating liquor by the drink for consumption on the premises
of the licensee on Sundays.
C.
No
license shall be issued for the sale of intoxicating liquor in the
original package, not to be consumed upon the premises where sold,
except to a person engaged in, and to be used in connection with,
the operation of one (1) or more of the following businesses: A drug
store, a cigar and tobacco store, a grocery store, a general merchandise
store, a confectionery or delicatessen store, nor to any such person
who does not have and keep in his/her store a stock of goods having
a value according to invoices of at least one thousand dollars ($1,000.00),
exclusive of fixtures and intoxicating liquors. Under such license,
no intoxicating liquor shall be consumed on the premises where sold
nor shall any original package be opened on the premises of the vendor
except as otherwise provided in this Chapter or by law.
D.
Restaurant Bars. Notwithstanding any other provisions of
this Chapter to the contrary, any person who possesses the qualifications
required by this Chapter, and who now or hereafter meets the requirements
of and complies with the provisions of this Chapter may apply for,
and may be issued, a license to sell intoxicating liquor, as in this
Chapter defined, between the hours of 9:00 A.M. and Midnight on Sunday
by the drink at retail for consumption on the premises of any restaurant
bar as described in the application.
Any new restaurant bar having been in operation for less than
ninety (90) days may be issued a temporary license to sell intoxicating
liquor by the drink at retail for consumption on the premises between
the hours of 1:00 P.M. and Midnight on Sunday for a period not to
exceed ninety (90) days if the restaurant bar can show a projection
of annual business from prepared meals or food consumed on the premises
of at least fifty percent (50%) of the total gross income of the restaurant
bar for the year or can show a projection of annual business from
prepared meals or food consumed on the premises which would exceed
not less than two hundred thousand dollars ($200,000.00). The license
fee shall be prorated for the period of the temporary license based
on the cost of the annual license for the establishment.
E.
Amusement Places.
1.
Notwithstanding any other provisions of this Chapter to the contrary,
any person who possesses the qualifications required by this Chapter,
and who now or hereafter meets the requirements of and complies with
the provisions of this Chapter, may apply for, and the Supervisor
of Alcohol and Tobacco Control may issue, a license to sell intoxicating
liquor, as defined in this Chapter, between the hours of 9:00 A.M.
and Midnight on Sunday by the drink at retail for consumption on the
premises of any amusement place as described in the application.
2.
Any new amusement place having been in operation for less than ninety
(90) days may be issued a temporary license to sell intoxicating liquor
by the drink at retail for consumption on the premises between the
hours of 9:00 A.M. and Midnight on Sunday for a period not to exceed
ninety (90) days if the amusement place can show a projection of gross
receipts of at least one hundred thousand dollars ($100,000.00) of
which at least fifty thousand dollars ($50,000.00) of such gross receipts
are in non-alcoholic sales for the first (1st) year of operation.
The license fee shall be prorated for the period of the temporary
license based on the cost of the annual license for the establishment.
F.
Temporary Permit For Sale By Drink — Certain Organizations.
1.
Notwithstanding any other provision of this Chapter, in lieu of a permit issued pursuant to Section 600.020, a permit for the sale of intoxicating liquor, as defined in Section 600.010, for consumption on premises where sold may be issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for the sale of such intoxicating liquor at a picnic, bazaar, fair or similar gathering. The permit shall be issued only for the day or days named therein and it shall not authorize the sale of intoxicating liquor for more than seven (7) days by any such club or organization.
2.
If the event will be held on a Sunday, the permit shall authorize
the sale of intoxicating liquor on that day beginning at 11:00 A.M.
3.
At the same time that an applicant applies for a permit under the
provisions of this Section, the applicant shall notify the City of
the holding of the event and by such notification, by certified mail,
shall accept responsibility for the collection and payment of any
applicable sales tax. Any sales tax due shall be paid to the City
within fifteen (15) days after the close of the event, and failure
to do so shall result in a liability of triple the amount of the tax
due plus payment of the tax, and denial of any other permit for a
period of three (3) years. Under no circumstances shall a bond be
required from the applicant.
4.
No provision of law or rule or regulation of the City shall be interpreted
as preventing any wholesaler or distributor from providing customary
storage, cooling or dispensing equipment for use by the permit holder
at such picnic, bazaar, fair or similar gathering.
A.
The
following categories and subcategories of licenses shall be issued
upon compliance with the provisions of this Chapter and payment of
the license fee indicated:
1.
General licenses.
a.
Malt liquor — original package: $75.00.
b.
Non-intoxicating beer — original package: $22.50.
c.
Intoxicating liquor (all kinds) — original package: $150.00.
d.
Malt liquor — by drink: $75.00.
e.
Malt liquor and light wines — by drink: $75.00.
f.
Non-intoxicating beer — by drink: $37.50.
g.
Intoxicating liquor (all kinds) — by drink: $450.00.
3.
Permits.
a.
Temporary permit — by the drink for certain organizations (7
days max.): $37.50.
b.
Tasting permit: $37.50.
c.
Caterers: $15.00 per each calendar day.
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Of the license fee to be paid for any such license, the applicant
shall pay as many twelfths (12ths) as there are months (part of a
month counted as a month) remaining from the date of the license to
the next succeeding July first (1st).
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A.
The
City may issue a temporary permit to caterers and other persons holding
licenses to sell intoxicating liquor by the drink at retail for consumption
on the premises pursuant to the provisions of this Chapter who furnish
provisions and service for use at a particular function, occasion
or event at a particular location other than the licensed premises,
but not including a "festival" as defined in Chapter
316, RSMo. The temporary permit shall be effective for a period not
to exceed one hundred sixty-eight (168) consecutive hours, and shall
authorize the service of alcoholic beverages at such function, occasion
or event during the hours at which alcoholic beverages may lawfully
be sold or served upon premises licensed to sell alcoholic beverages
for on-premises consumption. For every permit issued pursuant to the
provisions of this Section, the permittee shall pay to the City an
amount as set out in Section 600.120(3)(c) above, or fraction thereof,
for which the permit is issued.
B.
Except as provided in Subsection (C), all provisions of the Liquor Control Law and the ordinances, rules and regulations of the City, in which is located the premises in which such function, occasion or event is held shall extend to such premises and shall be in force and enforceable during all the time that the permittee, its agents, servants, employees, or stock are in such premises. Except for Missouri-produced wines in the original package, the provisions of this Section shall not include the sale of packaged goods covered by this temporary permit.
C.
Notwithstanding
any other law to the contrary, any caterer who possesses a valid State
and valid local liquor license may deliver alcoholic beverages, in
the course of his/her catering business. A caterer who possesses a
valid State and valid local liquor license need not obtain a separate
license for each City the caterer delivers in, so long as such City
permits any caterer to deliver alcoholic beverages within the City.
D.
To
assure and control product quality, wholesalers may, but shall not
be required to, give a retailer credit for intoxicating liquor with
an alcohol content of less than five percent (5%) by weight or non-intoxicating
beer delivered and invoiced under the catering permit number, but
not used, if the wholesaler removes the product within seventy-two
(72) hours of the expiration of the catering permit issued pursuant
to this Section.
[CC 1996 §600.130]
A.
Notwithstanding
any other provisions of this Chapter to the contrary, any person possessing
the qualifications and meeting the requirements of this Chapter, who
is licensed to sell intoxicating liquor in the original package at
retail under this Chapter, may apply to the City for a special permit
to conduct wine tasting on the licensed premises.
B.
Nothing
in this Section shall be construed to permit the licensee to sell
wine for on-premises consumption.
[CC 1996 §600.140]
When January first (1st), March seventeenth (17th), July fourth
(4th) or December thirty-first (31st) falls on Sunday and on the Sundays
prior to Memorial Day and Labor Day and on the Sunday on which the
championship game of the National Football League is played, commonly
known as "Super Bowl Sunday", a licensee may be open for business
and sell intoxicating liquor by the drink under the provisions of
his or her license on that day from the time and until the time which
would be lawful on another day of the week, notwithstanding any provisions
of this Chapter to the contrary.
